At
Wrightslaw, our goals are to help you gain the information and skills
you need to navigate the confusing world of special education. In
this issue, we look at Section 504 of the Rehabilitation Act.

Highlights:Some states
lowering the bar of expectations; sending special ed kids home early;
child with 504 plan is failing, school won't evaluate; Section 504
accommodations & after school programs; EducationNews; caselaw
about Section 504, discrimination, damages; free pub about transition
for college students; help for college students with disabilities.

Many
parents and educators have questions about Section 504 of the Rehabilitation
Act and 504 Plans. In this issue of The Special
Ed Advocate, we answer questions about protections under
Section 504 of the Rehabilitation Act.

Section 504 protects individuals with disabilities from discrimination
and emphasizes access to education including "reasonable accommodations."

Schools often use 504 Plans as "consolation prizes" for
students who are not found eligible for special education under the
Individuals with Disabilities Education Act (IDEA). Section 504 does
not require the school to provide an individualized educational program
(IEP) that is designed to meet the child's unique needs and from which
the child receives educational benefit. Section 504 differs from IDEA
in other important ways. Learn
more

"Some
states have lowered the bar of expectations to hide the low performance
of their schools . . . others are discussing how they can ratchet
down their standards to remove schools from their list of low performers."

"Those who play semantic games or try to tinker with state numbers
to lock out parents and the public stand in the way of progress and
reform. They are the enemies of equal justice and equal opportunity.
They are apologists for failure. And they will not succeed."

Who made
these statements? Dr. Rod Paige, Secretary of the U. S. Department
of Education! To learn why Dr. Paige made these statements and to
whom, read Lowering
the Bar of Expectations at:

"In
my district, special ed kids are sent home from school early - from
30 minutes to an hour earlier than regular Ed students This doesn't
seem right. When I asked about it, I was told that 'All special Ed
students are released early' and 'That's the rule.'"

"Is
this legal?"

No.
Surprisingly, we receive many questions from parents and teachers
about school districts that have one set of rules for "special
Ed kids" and a different set of rules for everyone else. Read
"Is
It Legal to Send Special Ed Kids Home Early?":

"My daughter is in 8th grade. She has early onset bipolar disorder.
She has a 504 plan. On
recent progress reports, she received two C's and two F's.
Her doctors say she should qualify for an IEP under the Other Health
Impairment" category."

"When I asked the school for help, the principal
said she had to receive a failing grade on her report card before the
school can test her. Until she fails, the principal cannot request testing."

"The
school says she must have a discrepancy between ability and achievement
but they will not evaluate her to determine if she has a discrepancy
between ability and achievement."

5.
Section 504: Accommodations & After School Programs
by Robert Crabtree, Esq.

"My 8-year-old son has been kicked out
of an after-school program run by a nonprofit agency in his elementary
school building. He has ADD and behavioral problems and is on an IEP
during his school day. The director of the program said, "He has
an oddness and intensity about him that frightens the other children."
Don't they have to try to include him?"

What
do you think? Are after-school programs required to accommodate children
with disabilities?

Every
morning, you will receive an issue of EducationNews with links to
news around the world. Nationally recognized experts provide commentaries
on various aspects of education. EducationNews.org staff writers cover
the latest education issues and bring you a thorough, complete analysis
of events, policies, and situations that affect education.

In a case involving a high school student with
cerebral palsy, the U. S. Court of Appeals for the Eighth Circuit discusses
eligibility for special education and related services under IDEA, Section
504, and transition plans. Download Yankton
v. Schramm:

http://www.wrightslaw.com/law/caselaw/case_yankton_IDEA_504_8thCir.htmlSection
504, ADA, Discrimination & Damages
Section 504 of the Rehabilitation Act prohibits discrimination on the
basis of disability. In cases brought on behalf of children with disabilities,
several courts of appeals have ruled that parents must first exhaust
their administrative remedies under the IDEA before they can bring a
damages case under Section 504 and/or the Americans with Disabilities
Act (ADA).

This
publication from the U. S. Department of Education and the Office
of Civil Rights is written for students who plan to continue their
education after high school. This five-page booklet includes answers
to questions about admissions, accommodations & academic adjustments,
documentation, evaluations, and discrimination under Section 504 of
the Rehabilitation Act.

College-bound
students need to learn self-advocacy skills - how to present information
about their disability and accommodations so professors want to help.
If students master these skills, they are more likely to make a successful
transition from high school to college.

The Special Ed Advocate is a free
online newsletter about special education legal and advocacy issues,
cases, tactics and strategy, and Internet resources. Subscribers receive
announcements and "alerts" about new cases, events, and special
offers on Wrightslaw books.